Title 4.1, Agriculture
66 chapters · 881 sections in this title.
N.D.C.C. § 4.1-33-01 Definitions
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As used in this chapter: 1. "Animal" means vertebrate and invertebrate species, including humans and other mammals, birds, fish, and shellfish. 2. "Antimicrobial pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, suppressing, or …
N.D.C.C. § 4.1-33-01.1 Standards for pesticide certification
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The pesticide certification standards as defined under section 4.1-33-01, are incorporated by reference and made part of this chapter.
N.D.C.C. § 4.1-33-02 Pesticide control board - Enforcement by agriculture commissioner
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1. The pesticide control board consists of the agriculture commissioner, the director of the cooperative extension division of the North Dakota state university of agriculture and applied science, and the director of the agricultural experiment station at North Dakota state unive…
N.D.C.C. § 4.1-33-03 Pesticide control board to administer chapter and adopt rules
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1. a. The pesticide control board shall administer this chapter and may adopt rules under chapter 28-32 to implement this chapter. The rules may prescribe methods to be used in the application of pesticides. The rules may relate to the time, place, manner, methods, materials, and…
N.D.C.C. § 4.1-33-04 Limitation on authority of political subdivisions regarding pesticides
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A political subdivision, including a home rule city or county, may not adopt or continue in effect any ordinance, resolution, or home rule charter provision regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of pestic…
N.D.C.C. § 4.1-33-05 Application to governmental entities and public utilities
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All governmental agencies and public utilities are subject to this chapter and rules adopted under this chapter.
N.D.C.C. § 4.1-33-06 Classification of commercial certificates
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The board may classify commercial certificates to be issued under this chapter. The classifications may include pest control operators, wood treaters, ornamental or agricultural pesticide applicators, or right-of-way pesticide applicators. Separate classifications may be specifie…
N.D.C.C. § 4.1-33-07 Commercial and public applicator's certification
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1. A commercial or public applicator may not purchase, use, or supervise the use of a pesticide without first complying with the certification standards and requirements of this chapter, or other restrictions as may be determined by the board. 2. An individual may be certified as…
N.D.C.C. § 4.1-33-07.1 Certification requirements - Waiver for emergencies
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If the governor declares a statewide state of disaster or emergency that affects the certification requirements under this chapter, the pesticide control board may temporarily waive statutory requirements, or any associated rules, relating to the certification for the duration of…
N.D.C.C. § 4.1-33-08 Expiration of certification - Renewal
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A certificate issued under section 4.1-33-07 expires as of the first day of April following two years from the date of issuance. A certificate is renewable every three years on April first. A certificate may be renewed upon completion of a seminar approved by the board or upon su…
N.D.C.C. § 4.1-33-09 Nonresident application - Designation of agent for service of process
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1. A nonresident applying for certification as an applicator or dealer under this chapter shall file a written power of attorney in a form as to render effective the jurisdiction of the courts of this state over the nonresident applicant designating either: a. North Dakota state …
N.D.C.C. § 4.1-33-10 Proof of financial responsibility - Exceptions
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1. A commercial applicator certificate may not be issued unless the applicant furnishes proof of financial responsibility. Financial responsibility must be maintained in the amount of one hundred thousand dollars. Financial responsibility may be demonstrated by a notarized letter…
N.D.C.C. § 4.1-33-11 Pesticide dealer certification - Employees - Requirements for purchase
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1. A pesticide dealer may not distribute restricted use pesticides or act as a restricted use pesticide dealer, without first having obtained certification from the North Dakota state university extension service, or the service's designee. During hours the business is open, a ce…
N.D.C.C. § 4.1-33-12 Private applicators - Certification
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1. a. An individual who would be a private applicator, if certified, may not buy any restricted use pesticide unless the individual first complies with the certification requirements established by the board. b. An individual who would be a private applicator, if certified, may n…
N.D.C.C. § 4.1-33-13 Unlawful acts and grounds for denial, suspension, or revocation of a certification
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1. It is a violation of this chapter for a person to: a. Make false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized, or advertise a pesticide without reference to its classification. b. Make a pesticide recommendation, app…
N.D.C.C. § 4.1-33-14 Records - Retention - Submission to commissioner
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The board shall require pesticide dealers, commercial applicators, and public applicators to maintain records of sales and purchases of restricted use and special exemption pesticides. The board shall require commercial applicators and public applicators to maintain records of al…
N.D.C.C. § 4.1-33-15 Reciprocal agreement
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The North Dakota state university extension service, or its designee, may issue a certification on a reciprocal basis, without examination, to a nonresident who is certified to buy, distribute, or use restricted use pesticides under a plan substantially similar to this chapter an…
N.D.C.C. § 4.1-33-16 Certification exemptions
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1. The certification requirements of this chapter do not apply to an individual applying nonrestricted use pesticides under the direct supervision of a private or commercial applicator, unless the pesticide label requires that a certified applicator personally apply the pesticide…
N.D.C.C. § 4.1-33-17 Discarding and storing of pesticides, pesticide containers, and rinsate
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A person may not discard, store, display, or permit the disposal of surplus pesticides, empty pesticide containers and devices, or rinsate in such a manner as to endanger the environment or to endanger food, feed, or any other products that may be stored, displayed, or distribute…
N.D.C.C. § 4.1-33-18 Pesticide application - Alleged property damage - Notification of applicator
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1. a. Before a person may file a civil action seeking reimbursement for property damage allegedly stemming from the application of a pesticide, the person shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of: (1) Twenty-eight days fr…
N.D.C.C. § 4.1-33-19 Subpoenas
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In any hearing to enforce this chapter, the commissioner may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records pertaining to pesticide applications, sales, and purchases in the state.
N.D.C.C. § 4.1-33-20 Penalties
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1. Any person other than a private applicator who knowingly violates this chapter is guilty of a class A misdemeanor. 2. Any private applicator who knowingly violates this chapter is guilty of a class B misdemeanor. 3. When construing and enforcing the provisions of this chapter,…
N.D.C.C. § 4.1-33-21 Enforcement
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1. The commissioner shall enforce the requirements of this chapter and any rules adopted under this chapter. 2. The commissioner may bring an action to enjoin the violation or threatened violation of this chapter, or any rule adopted under this chapter, in the district court of t…
N.D.C.C. § 4.1-33-22 Stop-sale orders
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If the commissioner has reason to believe on the basis of inspection or tests that any pesticide or device is in violation of any provision of this chapter, or if the registration of the pesticide has been canceled or suspended by the state or United States environmental protecti…
N.D.C.C. § 4.1-33-23 Information and instruction
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In cooperation with private, local, state, or federal agencies, the board may publish information and conduct short courses of instruction in the areas of knowledge required by this chapter.
N.D.C.C. § 4.1-33-24 Cooperation by the board with other entities
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The board may cooperate, receive grants-in-aid, and enter cooperative agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, to: 1. Secure uniformity of regulations. 2. Enter cooperative agreements with and su…
N.D.C.C. § 4.1-33-25 Disposition of funds - Certification and training fund
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All moneys received by the pesticide control board under this chapter must be deposited to the credit of the certification and training fund under the control of the board.